Amanullah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36438 of 2014 Arising Out of PS.Case No. -6 Year- 2014 Thana -MAHILA P.S. District- SITAMARHI ======================================================

1. Amanullah S/o Gulam Nabi Resident of Village Madhuban, P.S. AND District Sitamarhi .... Petitioner

Versus

1. The State of Bihar.

2. Tabassum Khatoon W/o Amanullah, D/o Md. Shahid Resident of Village Kora Kharagi, P.S. Parsauni, District Sitamarhi .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Hans Lal Kumar, Advocate For the Opposite Parties : Mr. Awadhesh Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 323, 498A/34 of the Penal Code and 4 of the Dowry Prohibition Act. There is allegation of demand of dowry and subjecting cruelty and the attempt was made to set her (victim) on fire, but, due to the intervention of people she any how managed to escape. The learned counsel for the petitioner, however, submits that the petitioner is ready to keep the victim-wife with full dignity.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on provisional anticipatory bail for three months on furnishing

Patna High Court Cr.Misc. No.36438 of 2014 (2) dt.20-04-2015 bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Sitamarhi (Mahila) P.S. Case No. 6 of 2014 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, subject to the conditions laid down under Section 438(2) of the Criminal Procedure Code and that either the petitioner will keep the victim-wife with due dignity or if, for any reason, the victim-wife is not ready to live with the petitioner, then, the petitioner shall pay Rs.1200/- per month as maintenance till higher maintenance is decided by a competent Court.

After three months, the Court below, on being satisfied that the petitioner is keeping his victim-wife with full dignity, shall confirm the provisional anticipatory bail.

(Gopal Prasad, J) SA/- U √ T √